California Prisons

Although the law says we can aid others (illiterate or unskilled) on appeals and legal work, we can no longer legally pass papers “cell to cell,” so now we can only help others verbally. (Thanks to Assistant Warden Robertson).

In addition, the 2011 CDCR rules limit all grievance appeals to one single issue appeal per 14 days. If we “Abuse” this abuse of our 1st amendment right to file grievances on the government, it is cut to one per 30 days. When I got here (in 1983) it was 2 appeals per week (104/year). Then cut to 1 per week (52/year), then 1/2 per week and 1/30 days if you exercise your 1st amendment rights. I’m on my second year of the limit to 1 per 30 days because of my work exercising my legal rights.

I’m fighting this under 42 USC 1983. “Judge” Rogers keeps stalling but I got her sleazy and false dismissal reversed.

UPDATE February 2016: This case has entered court as Clark v. Jeffrey Beard CV-11-03520. The comrade fighting this has reported that Judge Rogers has thrown out all testimony from M.L. Davis (Appeal boss of San Quentin) on 4 perjuries and 1 faked document, Davis has since retired to keep his pension rather than be fired.

MIM(Prisons) adds: This limit on grievance appeals is a blatant example of the Amerikan criminal injustice system restricting prisoner’s legal rights. Grievances are one of the only opportunities for prisoners to fight abuse and illegal policies and restrictions. Often these grievances are ignored or “lost”. Because of these practices, and restrictions like the ones described here, United Struggle from Within initiated the grievance campaign, first in California and now in ten states across the country, with petitions for these states that prisoner’s can use to demand our grievances be addressed. Write to us for a copy of the petition for your state, or to help create one if you do not live in a state where this has already been done.

Like in past years, I will begin to plan a few months ahead of time for the revolutionary festival of September 9. This day is a special one which marks the day when the United Front for Peace in Prisons was given its first concrete example in these dungeons. I attempt to have educational study materials available on this day, which usually includes poetry, short stories or articles, and of course some art if possible.

In the past I helped read articles and poetry on the tier which reflected on prisons and what it means to be prisoners. So many times people forget that what we experience is unbridled oppression and instead think that we somehow brought it upon ourselves. This backwards thinking only helps to solidify our own mental captivity! This day helps to refocus our attention of who we are as people and what is the path forward for the next year in our struggle for humyn rights in these dungeons.

I have heard different ways of observing this day, from having an open line on the tier where folks get a certain “air time” to share their ideas on what they feel will move the humyn rights struggle forward. Others talk about creating conscious rap to be performed on the tier. The main thing I hear is folks being ready to promote peace in prison. It is a time to help to heal the people outside of state influence.

MIM(Prisons) adds: September 9 will be the third annual United Front for Peace in Prisons solidarity demonstration. This demonstration coincides with the anniversary of the Attica uprising. On this day prisoners should create ways to work towards greater peace among the prison population. We will cease all prisoner-on-prisoner hostilities regardless of set, race, custody, gender, religion or other division. Some will fast, engage in solidarity organizing, and carry out educational work. Start planning now for your September 9 solidarity day.

It seems that change in our society is only brought about by those of our populace who are considered to be radicals, so this piece is written for those radicals who are compassionate enough to care and who will take the necessary efforts to make a lasting difference for those of us who are held and tortured in Security Housing Units (SHUs), which are specifically dedicated for those prisoners who are supposed to be under the care of an institution’s mental health system. These american gulags are also known as “Psychiatric Services Units” (PSUs).

These specially dedicated SHUs are rarely, if ever, visited by outside prisoner rights organizations, to my knowledge; and the prisoners housed therein are simply forgotten. These prisoners have no representatives and no means to voice their concerns and so the atrocities accumulate unchecked.

Aggressive and sadistic prison guards have been known to pepper spray an individual until they cannot breathe due to the accumulation of micronized capsicum (pepper essence) absorbed into their lungs after the guard empties onto the individual several canisters of the corrosive irritant chemical weapon. This is not third party hearsay, I know of it personally, for it has happened to me. Of course nothing is done about it when you have the foxes guarding the henhouse.

Think a prisoner can obtain justice through the prison’s administrative grievance systems? You had better think about it again, no way. And the courts, including the federal courts, will not entertain themselves of the issues of complaint where the completion of the administrative appeals process has been denied by a corrupt prison administration; it has been made law, a statutory prerequisite otherwise known in litigation circles as a “procedural bar.” It creates gross injustice and perpetrates unchecked human abuse which is tolerated by our society, it is a blatant indication of how cruel and vicious we have become as a people.

Even more sinister is the presence of food pantries created within each of the blocks of SHU/PSU units, which are independent from the main kitchens where mainstream prisoners receive their meals. These food pantries are not under the control of licensed food service employees and are in fact totally controlled by the guards assigned to that block. Those prisoners who are targeted by the “system” quite often find themselves physically sickened by the meals they are served, meals which stink with rotten foodstuffs. Milk cartons are served bloated with full-blown contamination.

The milk is a favored vehicle to get an inmate victim to ingest a “knock-out” drug and get raped while he is unconscious. This is a fact; it has happened to me twice. Also milk is utilized in these modernized dungeons as a tool to get unsuspecting targeted prisoner victims to consume psychotropic substances which has the effect of a “truth serum” and is used as an aid in covert interrogation of all prisoners suspected by debriefer informants and snitches. And, for the same purpose targeted prisoners are placed in cells with low pressure or dysfunctional ventilation systems which are used to force irritant gasses, pepper spray or other toxic obnoxious chemical weapons through to be inhaled by the occupant of that particular cell. In addition to the above abuses, the usual torture routine includes the air cooling system on full blast in mid-winter, and the heating system turned full up in mid-summer.

MIM(Prisons) adds: We appreciate the risk that our comrades take to get reports of such horrible abuses to Under Lock & Key. Information like this is important to get out because, as this writer points out, very few people are looking at these prisons or monitoring the treatment there. But Under Lock & Key is more than a tool of exposure, it is a rallying point for activists and leaders to bring together others and work out strategies and tactics in our fight against the criminal injustice system. We should read reports like this one and be outraged. And then we should turn that outrage into action, working to educate others and build support for our fight to put an end to this system of injustice.

I want to give you some updates on some new developments around here. In the last couple of months here in the PBSP SHU we are now being given more privileges. We are now allowed 3 hour visits and the items/property that we may buy and possess was expanded so that we can now have 40 pictures, up from the previous allowed 15 pictures, we can have a bowl and cup, slippers/houseshoes, jalapeños, hot sauce, 2 pairs of sweats and thermals and two appliances, and others have already received a CD player/tape player for the radio. So it just goes to show that there was no reason to deny us such things in the first place.

Also, on 11 February 2014 Assembly Member Tom Ammiano introduced Assembly Bill No. 1652, which if passed and signed into law would limit the time validated inmates would spend in the SHU solely based on validation status to 36 months. It would also allow validated prisoners to earn and receive good time credits again. Write to: Legislative Bill Room, State Capitol, Room B22, Sacramento, CA 95814, and request a copy of the bill, or have someone on the outside go to www.leginfo.ca.gov.

Lastly, a new favorable validation case came out last year: In RE Cabrera, 216 CAL. APP. 4th 1522 C CAL. APP. 5th Dist. 2013. There’s some good news but let’s not get comfortable as we have a long way to go to abolish solitary confinement. Getting Assembly Bill No. 1652 passed would be a big step in the right direction, so get involved in any way you can and spread the word.

MIM(Prisons) adds: We’ve said before that you can’t reform torture. California Assembly Bill No. 1652 would certainly improve individuals’ lives by shortening the length of torture they face. But the state will still be terrorizing prisoners with the threat of 3 years in isolation for talking to people the state doesn’t like or sporting a tattoo they find offensive or being a member of an organization they are opposed to.

The In RE Cabrera on Habeas Corpus case may make it a little harder for the CDCR to torture people for just a tattoo as it requires that one piece of evidence used to label a prisoner a Security Threat Group member must prove a two-way relationship between the prisoner and the group. Still, the process of “validation” using secret evidence remains in place making it hard for SHU prisoners to even know if this case applies to them.

As this comrade says, we still have a long way to go to abolish solitary confinement. But the progress in terms of organizing and building an opposition to this blatant torture and social control shows that the oppressed will not put up with this forever. Once a symbol of the state’s strength over the oppressed, the torture kkkamps across the United $tates are becoming a point of weakness that exposes its oppressive nature while rallying resistance to its repression.

Back in December 2013, the “Eye Witness Newscast” aired a situation concerning Los Angeles County Jail (mens) Sheriffs who were corrupt and therefore federal charges were filed on these 18 officers. This triggered something in my mind that occurred while housed in the LA County Jail Twin Towers.

While I was there an officer offered me “special favors” if I would stab a prisoner for him. I declined his offer and in turn I contacted the Internal Affairs Division and reported this incident. The very same day other prisoners who had also been approached with this offer beat this prisoner until he was unconscious. Because I had knowledge of the incident I was re-housed in “high power” with no way of speaking to anyone regarding the assault I witnessed and the role of the officers. It should be noted that the prisoners who assaulted the other prisoner (who was deaf), are former officers and children/brothers of active law enforcement.

While in “high power” I was contacted by two LA County Sheriff Sergeants, one male and one female. I was interviewed (taped interview) by the female Sergeant and during the interview I was threatened with bodily injury if I furthered the investigation.

I wrote the U.S. Attorney General’s office, Central District of California, 312 N. Spring St, LA, CA and reported this incident, but I’ve yet to hear anything from them. It should also be noted that while I was going back and forth to court, I also made my attorney aware of the incident when it occurred.

I have the sheriff’s name, dates and there was a former California Highway Patrol officer who made contacts in case of my sudden disappearance. I have his name and he too will attest to what I’ve written. If anyone reading this can help prosecute this wrongdoing, I can provide this information.

MIM(Prisons) responds: The December news report that this prisoner references includes a bit more detail on the case:

Eighteen current and former members of the L.A. County Sheriff’s Department were indicted for crimes including unjustified beatings of jail inmates and visitors, unjustified detentions and a conspiracy to obstruct a federal investigation.

The charges are the result of a two-year investigation and involve conduct by deputies assigned to both Men’s Central Jail and Twin Towers Correctional Facility.

ULK 33 was a hit. MIM(Prisons) did a great job with the collection of articles published and the placement of artwork and poems. I personally have been silent because I’ve been running from that Green Wall drone force and ducking placement in the SHU.

I want to respond to MIM(Prison)’s call for the various groups that signed on to the UFPP statement.

I signed on under the leadership of USW and since then have implemented the five principles in the following manner. In 2010 I took up the Rastafari Flag and grew out my dreadlocks and beard. After study, the RASTA movement showed me a perfect vehicle that allows for the incorporation of the five points of the UFPP, and it attracts people from all walks of life.

The Peace is principal and practiced every place that I step. When I meet prisoners I attempt to affect the space positively by being open to conversation with people outside my nationality, sex and class. What this means is I rap with Mexicans, Asians, Arabs, Europeans, etc., on a range of topics. I include homophobes, homosexuals, transsexuals, and lesbians in rapping sessions. I even talk to correctional officers, nurses, cooks, plumbers and cleaners when they are open. What this allows for is information gathering.

The RASTA Mon believes in the universal connection, so what I use as an umbrella for people to stand under in unity is the “one love” concept. This is attractive to a lot of people in here because society has put many of us on the shelf. When we are introduced to the idea of networking amongst each other around how to change living conditions, a conversation begins. Very few people will fight the weed smoking, dreadhead rasta man with the bag of books in his/her hands journeying around the world, but many will join because they know the movement is fair. I just use the 5 [five pointed star] as a way to introduce the 6 [six pointed star].

I’ve initiated the conversation that we all are convicts. Peace was established when fifteen guys asked me to speak at a meeting held for all convicts addressing the issues at this joint.

I’m anticipating holding a study group here to apply the educational factor of Growth. When a lot of these guys see me they admire the young man of intelligence and become totally open to learning. I tell everybody my motto is growth and development. In order for any true change to come about one must grow out of the termite ways and the key to change is only found through education. This alone implements the third principle.

As for Internationalism, the Rastafari movement has been recognized as one of the most internationalist movements that there is. I teach what I’ve learned about other nations through the movement. When you begin to talk to a person who would have never guessed you’d know about their native land, the conversation quickly begins to turn into a lesson from the people of another land. I just simply listen at this point.

And last but not least, Independence. Everywhere I’ve been since 2010 I’ve become both the Rastafari minister and/or the recreational clerk on the M.A.C. body. I simply go to the chapel, show movies about the struggle around with the brothers/sisters in relation to the movies, and play conscious music as we do workshops developing the tools, products and resources necessary in order for our cadre to affect the conditions.

The progress has not yet been seen by me on this side due to the setback of constantly having to split in order to dodge the iron fist, and a poor line of outside contact which my cell depends on for communication. Where we often have our relatives relay peaceful greetings to one another, sometimes a wife, girlfriend, mother or brother becomes upset or overworked without pay and the line is disturbed.

The way for us to build on each others’ experiences is to share them, and be honest. Often times we prisoners want to exaggerate the circumstances, putting it on thick. Keep it 100%. Act like you want somebody to understand what you are sharing so that they can go apply your technique and move the struggle in a forward direction.

MIM(Prisons) responds: This comrade shares some useful tactical approaches and philosophies for building united front across differing groups and individuals. On the ideological level Rastafari does have some congruence with our own work, in particular in the realm of pan-Africanism and African liberation. But these characteristics are a product of the oppressed people who developed the movement rather than the ability of its religious principles to address the material needs of the oppressed. Similar to other religious movements founded by the oppressed, Rastafari shifts the focus from immaterial religious characters to leaders of their own people and to themselves. In these ways these ideologies make a move towards materialism. But Maoism takes it farther, dismissing the lineages and prophecies of the past in favor of studying the material forces that exist within each thing today that will determine its future development. Part of historical materialism is looking at movements of the past, and taking lessons of what works and doesn’t work to apply to shaping a better world today. At the same time we seek out where we agree with those of different ideologies to forge united fronts that can push the forces of history forward faster.

In Ironwood, apparently new regulations have come down from Sacramento ordering staff to remove all signs from the doors depicting race. There were signs on the prison cage door indicating race: blue was for Black, red for Mexican, white for white and green for other. Now the designation for race is Security Threat Group (STG).

There was a recent lockdown (a melee between Sureños and New Afrikans) in one of the housing units. A status report stated that the investigation has been concluded and prisoners who are not members of the affected STGs will resume normal program. In the body of the report the affected STGs identified were Bloods, Crips and Sureños. The next day only whites and “others” were released for program. When asked about the non-affected Afrikans and the non-affected Mexicans, we were informed that because the non-affected prisoners shower in the same showers as the affected prisoners that makes them associates. So effectively all Afrikans and Mexicans are locked down (according to “race”).

Up until the argument between a Mexican and an Afrikan on 30 November 2013, the nationalities on this compound got along. Communication has resolved the issues and things are back to normal except for the administration milking the lockdown. The influential people are reminded of the word that came down from their folks up the way and have been striving hard to maintain the peace.

MIM(Prisons) responds: Group punishment is one of the unjust practices that prisoners who have been organizing around humyn rights in California have demanded an end to. And it goes to show how the state systematically oppresses people based on their “race” in 2013.

The last paragraph of this report is particularly important as it exemplifies the hard work that has been put in by members and leaders of various lumpen organizations across California to create peace and build unity in the fight against the criminal injustice system. We are happy to hear that even while the prison is trying to divide prisoners and set them against one another, prisoners are working to maintain peace. We encourage prisoners everywhere to get involved in the United Front for Peace in Prisons (UFPP) which was initiated in 2011 to build peace and unity among prisoners to advance our struggle against the criminal injustice system. This prisoner’s letter demonstrates the first principle of the UFPP, Peace: “We organize to end the needless conflicts and violence within the U.$. prison environment. The oppressors use divide and conquer strategies so that we fight each other instead of them. We will stand together and defend ourselves from oppression.”

The wardens in the California prisons that have SHUs are to meet with the prisoners to address the human rights violations that go on here and make the necessary changes to put a stop to these abuses. But here in Tehachapi they are so corrupt and unethical that they will not meet with us. Instead they took it upon themselves to intentionally not process our 602s [grievance forms]. Every 602 we file to address the ongoing neglect and abuse of authority by California Correctional Institution (CCI) officials either gets lost or rejected under made-up policies. Their reasons for rejecting them are nowhere in the Title 15 or Department Operations Manual. When we prove them wrong is when our 602s go missing.

I have brought this abuse of authority to the warden, captain, and lieutenant’s attention with no results. To my surprise I was informed that it was these high ranking officials who instructed the appeals coordinators to not process our 602s. These officials here would rather cover up and falsify state documentation instead of addressing and following their own policies. We have the documents to prove this, but if we can’t get our 602s processed then it’s pointless. These officials behave like they are above the law. They lie and openly admit that they don’t have to follow their own policies regardless of who is negatively affected.

MIM(Prisons) adds: This is a good illustration of what we mean when we call a system a bourgeois democracy. In such a system, certain freedoms are very important, especially those related to trade and exploitation. But for the oppressed peoples there is no democracy in this system. These state officials, who are bound by the laws of the state, regularly break those laws with impunity when it comes to the oppressed. That is why we say the rule of the bourgeoisie must be replaced by a rule by the proletarian class, whose interests would respect the rights of all to be free of the abuses prisoners face in the United $tates.

We believe this requirement that wardens meet with prisoners is an outcome of the recent prisoner strike in California that targeted the inhumyn conditions of isolation specifically. But it is no surprise that at CCI the high-ranking officials are denying prisoners’ access to the legal appeals system through which they are required to file. In fact, this is not specific to CCI; we hear regularly about grievances being “lost” in many prisons. And this is why the campaign to demand grievances be addressed was initiated in California in 2010. This campaign won’t solve the larger problem of torture in the SHU, or overall corruption in the criminal injustice system, but it gives prisoners a systematic way to fight for their limited legal rights to appeal wrongdoing by the prison staff. Write to us today for a copy of the grievance petition for your state. Organizing around this campaign is one way to organize the oppressed nations and classes to eventually replace those in power now.

Since the July 8, 2013 hunger strike/work stoppage was suspended (5 September 2013) we’ve faced extreme retaliation ranging from multiple large scale cell searches to very small portions of food, etc. In Pelican Bay State Prison comrades have reported losing some of the granted supplemental demands (I told ’em so). Updates from October on the negotiations are basically saying CDCR is are not willing to break/compromise any further on the 5 core demands.

A few COs allegedly got attacked, isolated incidents for whatever reasons. In all, we hope to remain a peaceful protest, at least until a final resolve. We remain committed in supporting the New Afrikan and/or prisoner class regardless of the torturous/inhumane conditions to which we’re currently enduring. “Knowledge is power, information is freedom, and education is our mandate.” Long live Comrades George Jackson, Frantz Fanon, Mao Zedong, Malcolm X, VI Lenin, and Karl Marx. We will endure.

MIM(Prisons) adds: This report on the California prisoner strike is unfortunately just the news we expected from negotiations with the state over improvements in conditions. Promises to address prisoner concerns are easy to make in the face of massive protests and media attention, and quick to be broken as soon as the attention dies down and prisoners stop their protest. We know there are thousands of prisoners in California committed to this cause and ready to take up action again. Leaders must take this opportunity to once again build the support of California prisoners as a whole, and work out a strategy that will lead to the best possible outcome for those in this fight. In a previous article we discussed the possibility that tactical changes are needed, including the possibility of demands being formulated locally in each prison, while trying to achieve as much unity as possible across the state. Regardless of the tactics, we must be building revolutionary education and creating a cadre of solid activists in every prison so that we are prepared for whatever the state throws at us.

I was about to begin litigating matters regarding the ventilation system here when I came up with one last ditch effort to try and handle this issue on a diplomatic level. I managed to acquire about 60 CDCR Form 22s [informal grievances], and I was able to find 30 fellow comrades who were willing to sign their name to them after I typed up all the formal complaints. Well, all of those Form 22s were sent to the Plant Operations Engineer’s Department, and we sent another 30 to the Plant Operations Supervisor. At the same time I had a good friend of mine and some relatives mail in a series of Citizen’s Complaints on the same subject. Plus, the Ombudsman for R.J. Donovan Correctional Facility (RJDCF), Gabriel Vela came here in response to a letter I had sent to him over the ventilation problem. In other words, Plant Operations got bombed on from all sides, and they responded accordingly. They were up on the housing units today replacing the twenty plus exhaust vents that were not working on our building. Due to that equipment failure we were experiencing extremely high temperatures, humidity, and poor air quality.

My whole point for telling you this story is to show you and your readers that things can be accomplished if you hit ’em with overwhelming force. They knew that those 60 Form 22s would more than likely translate into the same amount of 602 appeals [formal grievances], which in case you don’t know translates into about $1,500 a piece in man hours to process each one of them. I’ll let you do the math. So, things can be done in numbers, “Yes We Can.”

MIM(Prisons) adds: This comrade has been actively pushing the campaign to have grievances heard in California, which may also have contributed to these particular grievances getting such a direct response. H work to mobilize comrades there is commendable. Of course, this is just one small battle and just one piece of the work that USW leaders need to be doing. It doesn’t cost them $1,500 to throw your grievance in the trash can. These types of campaigns need to be pushed with a healthy dose of political education to develop comrades politically, so that this type of unity can reach higher levels and address the real systematic problems. MIM(Prisons) runs correspondence study groups and offers materials to help USW comrades run their own study groups inside.